Terms and Conditions of Entry for the "SUMMER SHOUT & 5 YEAR BURGER COMPETITION"

"SUMMER SHOUT & 5 YEAR BURGER COMPETITION"

Promoter
Grill’d Pty Ltd ABN: ABN 17 106 297 394 of Level 2, 4-10 Amsterdam Street, Richmond VIC 3121

Prize Suppliers
Grill’d Pty Ltd 

Eligible Entrants

  • Must be aged 18 years+
  • Must reside in a specified Region.
  • Must be a Grill’d Relish member.

Region
NSW, VIC, WA, SA, QLD, ACT & NT

Promotional Period

  • Start date: 12/12/18 at 12:01 am AEDT
  • End date: 20/01/19 at 11:59 pm AWST

Promotional Details 

Eligible participants for the "GRILL’D RELISH MEMBERS: WIN BURGERS FOR FIVE or ONE YEARS” (Promotion) must be a Grill’d Relish Member. 

Prize(s) 

There are two (2) prizes being awarded in the Promotion; one (1) Major Prize and one (1) Minor Prize, outlined below:

Major Prize:
Grill’d burgers for five (5) years (presented as a Grill’d gift card, preloaded with a value of $4,394) which equates to one (1) burger per week, max RRP at $16.90 per burger, for 260 consecutive weeks. 

Minor Prize:
Grill’d burgers for one (1) year (presented as a Grill’d gift card – preloaded value of $878.80) which equates to one (1) burger per week, max RRP at $16.90 per burger, for 52 consecutive weeks. 

Prize Special Conditions:

  1. No portion of a prize is redeemable for cash. 
  2. Prizes are non-refundable or transferable. 
  3. Redemption of the gift card is subject to any terms and conditions of the issuer including those specified on the card. 
  4. Prize value is calculated at the time of the Promotion using the RRP as listed on https://www.grilld.com.au/lega...
  5. For the purpose of clarity, the Prize Winner(s) can use their gift-card with any Grill’d purchase at any Grill’d location until the value of their gift-card has been reached and within the expiry date as shown on the gift card.

Applicable Permits 

  • NSW Permit Licence : LTPS/18/30288
  • SA Permit Licence: T18/2140

Entry Requirements
1. Entry is via the Summer Shout Drink Offer located in the Grill’d Relish members section of the Grill’d App or via the Grill’d Website. Members who have opted in for the Summer Shout Drink Offer will be automatically entered into the Promotion outlined in these terms and conditions. 
a. For the purpose of clarity, anyone can register to become a Grill’d Relish member, at no cost, by:
i. registering their details in the Grill’d App Relish section, or
ii. registering via the Relish membership section of the Grill’d website www.grilld.com.au/relish.

2. Eligible Entrants can participate in the Promotion by purchasing a burger or salad at any Grill’d location and scanning at point of sale the Summer Shout Drink Offer  barcode located in:
a. The Grill’d App within the Relish section and/or
b. The Relish membership Summer Drink Offer email 

3. Eligible Entrants who scan their Summer Shout Drinks Offer barcode minimum one (1) time within the Promotional Period will be eligible for the Minor Prize. Eligible Entrants who scan their barcode minimum five (5) times within the Promotional Period will be eligible for both the Major and Minor prize. 

4. Multiple entries are permitted. For the purpose of clarity, each entry must be accompanied by the purchase of a burger or salad in one transaction, together with the Eligible Entrant scanning their Summer Shout Drinks Offer barcode. 

Verification Requirements 

Within the time requested by the Promoter at its absolute discretion, Eligible Entrants who are Grill’d Relish members must provide:
a) Their full name, phone number and email address assigned to their Grill’d Relish member account, and their Grill’d Relish member number to verify their identity, age, eligibility to enter the Promotion and claim the Prize. 

Winner Selection Process

  1. One (1) Winner will be selected at random in accordance with the Entry Requirements clause 3 at the conclusion of the Promotional Period for the Minor Prize, followed by;
  2. One (1) Winner will be selected at random in accordance with the Entry Requirements clause 3 at the conclusion of the Promotional Period for the Major Prize. 
  3. For the purpose of clarity, it is possible for one (1) Winner to win both Major and Minor Prize in the event the random draw selects the same Winner.

Judging Location 

Grill’d Support Office Level 2, 4-10 Amsterdam Street, Richmond VIC 3121

Judging Time and Date 

  1. Tuesday 29 January, 2019 10:30AM AEST
  2. A second chance draw will be conducted for any unclaimed prizes on Monday 29 April, 2019 10:30am AEST 

Total Prize Pool 

  • Value Major Prize value = $4,394
  • Minor Prize value = $878.80
  • Total Prize pool = $5272.8

Winner Notification Process 

Winners will be notified by telephone and/or email.

Winner Publication 

Winners names will be published on the Grill’d website www.grilld.com.au for the Major and Minor prize for the initial and for any subsequent unclaimed draws within 24 hours of the Winners accepting their prize.

Other Conditions 

No aspect of a Prize may be transferred. If the Promoter has reason to believe that the winner has transferred a Prize or any element of a Prize to another person (other than as allowed by these Terms and Conditions of Entry) without the permission of the Promoter, the winner’s entry or claim will be deemed invalid and the Prize will be forfeited by both the winner and transferee.


BACKGROUND

1. Information on How to Enter and Prize information form part of these Conditions of Entry (Conditions of Entry).

2. Entry into the promotion is deemed acceptance of these Conditions of Entry.

3. The Entrant is responsible for ensuring his or her familiarity with the Conditions of Entry at the time of participation. The Promoter’s decision not to enforce a specific restriction (whether communicated to an Entrant or not) does not constitute a waiver of that restriction or of the Conditions of Entry generally.

4. All Entrants acknowledge that the Promoter can rely on these Conditions of Entry even if the Promoter only learns of a person’s ineligibility after the Promoter has awarded the Prize to the ineligible person. Return of the Prize or payment of its equivalent value to the Promoter may be required by the Promoter if this occurs.

5. The Promoter’s decision in relation to any aspect of these Conditions of Entry and the Promotion is final and binding on every person who enters. No correspondence will be entered into.

6. If applicable, the Promoter holds the Applicable Permits.

PROMOTION PERIOD

7. The Promotion will commence on the Commencement Date and run for the Promotion Period.

8. Entry in the Promotion is open to anyone 18 years and over at the time of the Commencement Date of the Promotion excluding:

 (a) management, employees, directors and contractors of the Promoter, its related entities, the Participating Outlets and other agencies, firms or companies including Grill’d Pty Ltd associated with the Promotion;

(b) a spouse, de-facto spouse, parent, guardian, child or sibling of a person referred to in paragraph 8(a) of these Conditions of Entry; and

(c) persons who have breached the terms and conditions of any promotion run by or on behalf of the Promoter.

(Eligible Entrants)

 The persons referred to in paragraph 8(b) of these Conditions of Entry includes natural and non-natural relations (in the opinion of the Promoter) and the Promoter is responsible for determining whether a person is an Eligible Entrant in its absolute discretion.

HOW TO ENTER

9. The Entrant may enter the Promotion by submitting an eligible entry in accordance with the Entry Requirements.

10. Any costs associated with accessing the Promotion via the Grill’d App or Grill’d email are the Entrant’s sole responsibility and are solely dependent on the internet and/or mobile service provider used.

11. The Promoter is not responsible for technical difficulties with the entry mechanism.

12. The use of any automated entry software or any other mechanical or electronic means that allows an entrant to automatically enter the Promotion repeatedly is prohibited and will render entries submitted using such means as invalid.

13. Incomplete, illegible, indecipherable or incorrect entries (as determined by the Promoter, at their absolute discretion) are not eligible to win.

14. Entries are deemed to be received at the time of receipt into the Promoter's database, not time of transmission by the entrant.

VERIFICATION

 15. If requested by the Promoter, Eligible Entrants must comply with the Verification Requirements.

16. If the items required by the Promoter are not received or an entrant has not been verified to the satisfaction of the Promoter within the time period required by the Promoter, the entry(s) submitted by the Eligible Entrant will be deemed invalid.

17. The Prize will only be awarded following all validation and verification requirements of the Promoter being met to its satisfaction.  In the event that the Eligible Entrant cannot provide suitable validation or verification, the Eligible Entrant will forfeit the Prize and no substitute will be offered.

18. All costs associated or arising in connection with the Prize, where not specified in the Prize details, are the sole responsibility of the Prize Winner(s).

19. Entrants can only enter the Promotion in their own name.

20. If more than one person attempts to claim the Prize, the Promoter has sole and absolute discretion to determine which of those persons the winning entrant is.

WINNERS SELECTION AND INFORMATION

21. The competition winners will be selected in accordance with the Winner Selection Process.

22. This will be conducted at the Judging Location by a representative of the Promoter at the Judging Time and Date.

23. The total value of the Prize(s) is the Total Prize Pool Value.

NOTIFICATION OF PRIZE WINNERS

24. The Prize winners will be notified in accordance with the Winner Notification Process.

25. A Second Chance Draw will be conducted in accordance with the Judging Time and Date and as per the Winner Selection process.

GENERAL

25. The Prize is not transferable or exchangeable. The Prize must be taken as offered and may not be varied.

26. The Promoter shall not be liable for the Prize being lost, stolen, damaged or tampered with in any way before it reaches the winner or after it has been released to the winner.

27. The Promoter accepts no responsibility whatsoever for any variation in the value of the Prize from the time of printing Promotion materials.

29. If the Promoter is unable to provide the winner with the nominated Prize, the Promoter reserves the right to supply an alternative prize of similar monetary value to the nominated Prize, subject to any directions given by State and / or Territory Gaming Departments.

30. The Promoter accepts no responsibility whatsoever for any entries not received for any reason during the Promotion Period. The Promoter does not warrant that the entry mechanism will be available, or the Participating Outlets will be open, at all times during the Promotion Period.

31. If, for any reason, the Promotion is not capable of being run as planned, including (but not limited to) due to infection by computer virus, bugs, network failure, tampering, unauthorised intervention, fraud or any other causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, the Promoter reserves the right in its absolute discretion to take any action that may be available to it, subject to State and / or  Territory regulations, including cancelling, terminating, modifying or suspending the Promotion.

32. Any entrant who, in the opinion of the Promoter, tampers or interferes with the entry or draw mechanism in any way, engages in any unlawful or improper conduct which jeopardises or is likely to jeopardise the fair or proper conduct of the Promotion, or who does not properly comply with the entry process, will be ineligible to win.

33. The Promoter reserves the right to change the Promotion, or part of the Promotion, at any time.

34. The Promoter, the Promoter's related entities, the Participating Outlets, and all companies and agencies associated with the Promotion; and the employees, agents, directors and contractors, of all entities referred to in paragraph 8 a) , shall not be liable for any loss or claim, action, demand, liability, damage, cost, expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or the acceptance or use of the Prize, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).

35. The Promoter accepts no responsibility whatsoever for any tax liabilities that may arise from winning or receiving the benefit of the Prize.

36. The Prize winner must, at the Promoter's request, participate in any Promotion activity (such as publicity and photography) relating to the winning of the Prize, free of charge, and they consent to the Promoter using their name and image in any future promotional material.

37. Nothing in these Terms and Conditions limit, exclude or modify or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), as well as any other implied warranties under the ASIC Act (Cth)or similar consumer protection laws in the State and Territories of Australia ("Non-Excludable Guarantees").

39. CAUTION: Any attempt to deliberately undermine the legitimate operation of this Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law.

PERSONAL INFORMATION

40. All entries become the sole property of the Promoter.

41. All information Entrants provide (Personal Information) will be used by the Promoter for the purpose of conducting this Promotion and may be entered into a database and the Promoter, the Promoter's related entities, agencies engaged by the Promoter, or any other third party nominated by the Promoter, for the Promoter's current and future promotional and marketing purposes without further reference or compensation to them.

42. The Promoter may disclose Entrants' Personal Information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities.

43. Entrants can request access to update or correct their Personal Information held by the Promoter and may request that they not receive further Promotional or marketing communications from the Promoter by contacting the Promoter at the address above.  Should an Entrant's contact details change during the Promotion Period, it is the Entrant's responsibility to notify the Promoter.  All Personal Information will be securely stored by the Promoter.

44. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. You can view the Grill’d privacy policy at https://www.grilld.com.au/legal-information/privacy-policy.


45. APPENDIX: GRILL’D SUMMER SHOUT DRINK OFFER – Guaranteed Offer Component 

Promoter:

Grill’d Pty Ltd ABN: ABN 17 106 297 394 of Level 2, 4-10 Amsterdam Street, Richmond VIC 3121

Guaranteed Offer:

a) Free drink between Monday-Sunday with any burger purchase (alcoholic or non-alcoholic) for all Grill’d Relish members for dine-in customers only. Scan in to get a drink with any burger or salad purchase.

b) Valid at any Grill'd restaurant. Dine-in only. Offer does not apply to purchases of Sliders, Dynamic Duo, Mini me Packs. Replica or forged versions of the barcode will not be accepted.   Offer is not available for takeaway, online ordering, UberEats or @table ordering. Offer valid for 330ml non-alcoholic drink, 600ml Cool Ridge water or standard alcoholic beverage. Offer does not include alcoholic beverages exceeding 375ml.  Not valid with any other offer. Multi-use. Offer valid until 20.01.19

c) Members must present their Grill’d Relish Member barcode to qualify.  Not valid with any other offer. Barcode is multi-use. Offer valid until 20.01.19

d) Redemption of Guaranteed Offer for an alcoholic beverage may only be made by persons aged 18 years or over, with valid age identification (I.D.) presented to receive alcoholic drink. Alcoholic beverages will be served in compliance with local RSA (Responsible Service of Alcohol) requirements.  

Offer Period

  • Duration: 12th Dec 2018 – 20th Jan 2019
  • Expiry: 20th January 2019

Eligible Entrants:

a) Must be aged 18 years+, Must reside in NSW, VIC, WA, SA, QLD, ACT & NT and must be a Grill’d Relish Member.

i. Customers can become a Grill’d Relish Member as per the conditions outlined under Entry Requirements clause 1a) of the Grill’d Relish Members: Win Burgers for Five or One Years’ Promotion above. If there is any dispute as to the date at which an offer/claim is made, the Promoter’s decision is final. 

Offer Requirements: 

a) Customer must present and scan their Grill’d Relish Summer Shout Drinks Offer barcode at point of sale for this applicable offer on their phone/mobile device at the time of purchase of any burger or salad from any Grill’d Restaurant between 12/12/18 to 20/01/19 adhering to all conditions outlined in Guaranteed Offer. 

General:

a) No part of a gift/offer is exchangeable or transferable, redeemable for cash or any other prize/gift/offer. Any ancillary costs associated with redeeming the barcode are not included. Any unused balance of the applicable barcode will not be awarded as cash. Redemption of the barcode is subject to any terms and conditions of the issuer including those specified on the Grill’d website.

b) If any claimants of an offer/gift choose not to take/redeem their offer/gift (or is unable to) or does not take or claim a gift/offer by the time specified by the Promoter, they forfeit the gift/offer and the Promoter is not obliged to substitute the gift/offer.

c) If a gift/offer is unavailable the Promoter reserves the right to substitute the gift/offer to a gift/offer of similar type, as determined by the Promoter.

d) If there is a dispute as to the identity of a person who is eligible to claim a gift/offer, the Promoter and/or relevant Grill’d restaurant reserves the right, in its sole discretion, to determine the identity of such person.

e) Persons who register for the Guaranteed Offer via the Grill’d website or App and participate in the offer understand and agree their personal information will be used in accordance with clause 7 Personal Information stated below.

f) The Promoter supports the responsible service of alcohol and encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Guidelines to Reduce Health Risks from Drinking Alcohol.  A full version of these Guidelines is available at https://www.nhmrc.gov.au/_files_nhmrc/publications/attachments/ds10-alcohol.pdf. The NSW liquor promotion guidelines and intoxication guidelines are available at http://www.liquorandgaming.nsw.gov.au.

g) If for any reason any aspect of this Promotion is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify suspend the Promotion and invalidate any affected entries, or suspend or modify a prize.

h) The Promoter reserves the right, at any time, to validate and check the authenticity of Eligible Entrants and their details (including an entrant's identity, age and Grill’d Relish membership number). In the event that an Eligible Entrant cannot provide suitable proof as required by the Promoter to validate their gift/offer, the Eligible Entrant will forfeit the gift/offer in whole and no substitute will be offered. Incomplete, indecipherable, inaudible, incorrect and illegible entries, as applicable, will at the Promoter's discretion be deemed invalid and not eligible to participate. Entries containing offensive or defamatory comments, or which breach any law or infringe any third-party rights, including intellectual property rights, are not eligible to participate. The use of any automated entry software or any other mechanical or electronic means that allows an individual to automatically enter repeatedly is prohibited and may render all entries submitted by that individual invalid. 

i) The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person's negligence or wilful misconduct) in connection with this Promotion or accepting or using any gift/offer (or recommendation), except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). 

Personal Information: 

a) All information Entrants provide (Personal Information) will be used by the Promoter for the purpose of conducting this Promotion and may be entered into a database and the Promoter, the Promoter's related entities, agencies engaged by the Promoter, or any other third party nominated by the Promoter, for the Promoter's current and future promotional and marketing purposes without further reference or compensation to them. 

b) The Promoter may disclose Entrants' Personal Information to its contractors and agents to assist in conducting this Promotion and as required, to Australian regulatory authorities. 

c)  Entrants can request access to update or correct their Personal Information held by the Promoter and may request that they not receive further Promotional or marketing communications from the Promoter by contacting the Promoter at the address above. Should an Entrant's contact details change during the Promotion Period, it is the Entrant's responsibility to notify the Promoter. All Personal Information will be securely stored by the Promoter. 

d) The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. You can view the Grill’d privacy policy at https://www.grilld.com.au/legal-information/privacy-policy.